InThe Matter Of: 

### SERVED: May 17, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-20 15-0639 Kenneth Ray Rwnberger ) ) ) ) ) Case No. 2015WP270015 Respondent


### ORDERTO SHOW CAUSE AND PROVIDE REQUESTED INFORMATION
On April 6, 2016, the undersignedjudge issued an Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues in the above captioned case. The order required, 

### inter alia, the parties to submit ajointreport to the undersignedjudge within 30 days of that order. Neither the Complainant northe Respondent submitted a report orrequest for additional time before that deadline. In accordance with 14 C.F.R. § 13.205(a)(6), an administrative lawjudge is empoweredto regulate the course ofa hearing. As previously noted by the FAA Administrator: [t]he Administrator expects thatthe parties will comply with orders issued by an ALJ during the hearing stage ofa proceeding. Ignoring an ALl's orders cannot be countenanced in an orderly system ofadjudication.' The parties are therefore reminded that failure to follow the undersigned administrative Jaw judge's orders without good cause may result in sanctions.2 Moreover, continued failure to participate in the proceedings as directed by the undersignedjudge maybe deemed a constructive withdrawal ofthe request for hearing or complaintby the party demonstrating such

a lack ofinterest inparticipating inthese proceedings.3

1AmericanAirlines, Inc., FAA OrderNo. 2002-15, at 9 (May 20, 2002). 2 See id. ("Parties who disregardthe ALl's orders do so at their own peril because the Administrator on appeal will uphold any reasonable sanctions permitted by the Rules ofPractice that the ALl imposes against a party for that behavior."). 3 See, e.g., IAL Power Supply, DocketNo. CPO ISOOO 15 (FAA Aug. 7, 2001)(ALl construedRespondent's silence
as a constructive withdrawal ofrequest for a hearing), appeal dismissed, FAA OrderNo. 2002-10 (Apr. 17, 2002); Blankson, Docket No. CP97EA0024 (FAA Sep. II, 1997) (ALl found failure torespond to previous orders constituted constructive withdrawal), a.ff'd, FAA OrderNo. 98-21 (Oct. 9, 1998). See alsoInsteadBalloon Services, FAA OrderNo. 1998-23, at 3 (Nov. 24, 1998) (affirming ALl's decision to find constructive withdrawal when a party failed to appear at the hearing without good cause);ApolloA & HS Company, FAA Order No. 2011-4, at 4Pursuantto 14 C.F.R. 

### § 13.205(a)(l), (6), and (7), it is hereby ORDERED: I. No later 

### than June 

### 1, 2016, each party shall file a statement explaining the cause oftheir failure to comply with the Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 2. Each party shall include in their statement the information requested in the Order Directing the Parties to Meet and Confer Regarding Litigation and Scheduling Issues. 3. Ifa party fails to file this statement by the above deadline, the undersignedjudge may issue a subsequent order finding the non-responsive party has constructively withdrawn from these proceedings and, pursuant to 14 C.F.R. 

### § 13.215, dismiss the case with prejudice.

Attachment: Service List 

# -j2L ...--j)oUGLAS M. RAW ALD Administrative Law Judge

(Jan. 14, 2011) ("Apollo's failure to appear atthehearing andto pursue its request for hearing without good cause constituted a constructive withdrawal ofits request for hearing.").DocketNo. F AA-2015-0639 (Civil Penalty Action) 

### SERVICE LIST -BY U.S. 

### MAIL ORIGINAL & ONE COPY
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl 0001 4

Kenneth Ray Rumberger, Respondent 2451 Church Lane, SPC 38 San Pablo, CA 94806-5945 Lierre Green, Complainant's Counsel Office ofthe Regional Counsel, AWP-7.6 Western-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7117 FAX: 310-725-6816 ONE COPY

The Honorable Douglas M. Rawald,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536

4 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.